Were you involved in an accident with a DUI driver, or were you over the legal limit when a collision occurred? You may wonder whether auto insurance covers DUI accidents. There is no hard and fast rule, and whether a car insurance policy pays for accident damages can depend on the policy’s terms, exclusions, and the crash’s circumstances.
Morgan & Morgan understands that victims of DUI accidents may feel angry and upset and worry about who will pay for their damages. However, you could have several options for recovering the compensation you need for car repair, medical bills, and other accident-related expenses.
You don’t have to figure this out on your own. We are here to help you understand your rights during this challenging time. Contact us today for more information.
What Is a DUI Accident?
DUI accidents involve drivers under the influence of alcohol or drugs. According to the National Highway Traffic Safety Administration (NHTSA), drunk driving crashes kill one individual approximately every 45 minutes. Driving intoxicated is a serious offense in all states and can result in fines, license suspension, and even jail time. Moreover, a driver causing an accident while over the limit may have to pay personally for victims’ damages.
The consequences of a DUI accident can be far-reaching, especially for victims who suffer from severe and life-changing injuries. Individuals may also experience long-lasting emotional trauma from the accident, such as anxiety and post-traumatic stress disorder (PTSD). Financially, a DUI accident can present a significant and long-lasting burden for victims.
If you or a loved one was harmed in a crash with an intoxicated driver, you could have legal recourse and hold them personally responsible or receive a settlement from their car insurer. A car accident lawyer at Morgan & Morgan can help you understand whether auto insurance covers your DUI accident and your other options for getting what you deserve.
Understanding Auto Insurance in DUI Accidents
Whether or not auto insurance covers DUI accidents depends on the facts of the accident. Some common DUI crash scenarios include:
You Are the Victim
If you were hurt and your car was damaged in an accident with an intoxicated driver, you can usually file a claim with their car insurer. The DUI driver’s liability coverage should pay for car damage and medical expenses from the accident, even if the other driver was under the influence of alcohol or drugs during the crash.
If you have trouble getting what you deserve, consider hiring a car accident attorney to represent you and ensure you are treated fairly by the insurance company. You could also file a personal injury lawsuit against the driver.
You Caused the DUI Accident
If you caused a DUI accident, your auto insurance may or may not cover your damages. Many car insurance policies have exclusions for accidents where the insured driver is intoxicated. While your liability coverage will likely pay for other drivers’ damages, don’t be surprised if your insurance company denies your claim.
However, there can be exceptions. For example, if someone else owned the vehicle you were driving at the time of the accident, the owner’s insurance policy may cover the damages.
You Are a Vehicle Passenger
As an injured passenger in a vehicle involved in a DUI crash, you could file a claim with the driver’s auto insurer or your own insurance company. Passengers can often recover compensation for healthcare costs and other accident-related expenses from the driver’s liability coverage. However, if the driver’s policy does not cover all your costs, contact your insurer about filing a claim.
You Are a Pedestrian or Cyclist Hit by a DUI Driver
Pedestrians and cyclists may suffer life-altering and disabling injuries if struck by a vehicle operated by an intoxicated driver. If this has happened to you, you could file a claim, and the driver’s auto insurance should cover your damages from the DUI accident. You could also file a claim with your own insurance company.
DUI accidents can involve complex insurance issues. Even if your insurer covers the damages, you may incur out-of-pocket expenses, such as deductibles. Moreover, you may also want to hold the DUI driver personally responsible if you cannot recover a fair insurance settlement. Consulting with an experienced car accident lawyer can be crucial for protecting your legal rights.
Compensation DUI Accident Victims Could Recover
Compensation can vary depending on the accident’s facts, where you live, and the extent of your injuries and damages. In general, victims could recover the following:
Medical Expenses
If you suffered significant injuries in a DUI accident, the responsible driver or their insurance company should pay for your accident-related medical expenses, such as:
- Hospital bills
- Doctor’s fees
- Physical therapy costs
- Future medical expenses
- Medications
Lost Wages
Severely injured victims may be off work for weeks or months or may never return to their careers. Compensation for lost income can include lost wages, overtime pay and bonuses, and other benefits the victim would have earned had they not been harmed in the crash.
Pain and Suffering
Pain and suffering can include the physical and emotional effects of the crash on the victim. Damages may be available for:
- Chronic pain
- Loss of life quality
- Emotional distress
- Disability
- Scarring and disfigurement
Punitive Damages
While rare in personal injury lawsuits, a court may award punitive damages if the DUI driver was driving recklessly or with a willful intent of causing harm.
Wrongful Death Damages
If a close family member died in a DUI accident, you could file a wrongful death lawsuit and recover various damages, including:
- Funeral expenses
- Loss of income and services from the deceased
- Loss of companionship
Morgan & Morgan understands that your well-being is priceless, and no amount of money can turn back time. However, recovering the full value of your claim can help rebuild your life and provide financial stability.
Our compassionate car accident attorneys want to help. We can explain whether auto insurance covers all your DUI accident damages or whether you could file a legal claim to get justice.